When Is The Use Of Force In Self-Defense Legal?
It's normal for a criminal defense attorney to field questions about violent offenses. Particularly, many folks want to know whether they might be able to assert self-defense claims. Understandably, the law tries to limit when a person can use force against another, especially potentially deadly force. In these three scenarios, though, you might be justified in using force for self-defense.
At Home
Virtually all jurisdictions in the English-speaking world recognize some form of the castle doctrine. This is the notion that your home is your castle and you have a legal right to defend it.
Notably, the law still limits how much force can be used to neutralize a threat. If the neighbor's kid puts a baseball through your kitchen window and then enters your home looking to recover it, you can't claim self-defense. A reasonable person wouldn't use force there. Conversely, you'd have a strong leg to stand on if the case involved a burglary or a robbery.
Confrontations in Public
Some states have what are called stand-your-ground laws. Whether or not you live in one of those states, it's important to understand what counts as self-defense. In particular, any provocative behavior leading up to an incident might invalidate the self-defense claim. You can't repeatedly antagonize someone, for example, and they say you were the defender.
Notably, state of mind matters in many cases. The fear that the other person was about to assault you may be a valid argument for using force in defense. However, there will be scrutiny applied if the court suspects an incident was encouraged to create a pretext for violence.
Risk to a Person
Generally, a physical threat to another person may be grounds for taking a defensive posture. A criminal defense lawyer will tell you, however, that the threat involved needs to be serious. Preventing another person taking a package of potato chips from a convenience store isn't grounds to intervene. Conversely, trying to stop a rape almost certainly is.
Note that this kind of defense claim is only valid if you observed the crime in progress or had direct knowledge it was occurring. If the threat isn't immediate, you're not in a position to claim you were intervening to protect someone.
Presenting Your Case
Self-defense is an affirmative legal defense. This means that choosing to assert this defense shift the burden of proof a bit. A judge will ask you to show why you felt force could be justified.
If you need help determining what kind of case you have, contact a criminal defense lawyer.